400 Amendments of Vicky FORD related to 2011/0309(COD)
Amendment 64 #
Proposal for a regulation
Title
Title
Proposal for a RegulationDirective 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 78 #
Proposal for a regulation
Recital 47
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 85 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘acceptable’ shall mean: renderingtolerable’ means where a risk of a major accident tolerableis reduced to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time, resources or costthe input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;
Amendment 88 #
Proposal for a regulation
Article 2 – point 18
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 involvingleading to death or majorserious injury to five or more persons on or working in connection with the installationthe offshore installation from which the source of danger occurs or engaged in an activity in connection with it; (d) any major environmental incident;
Amendment 94 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE 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 97 #
Proposal for a regulation
Article 3 – paragraph 3
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 99 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Operators shall ensure that offshore oil and gas activitieoperations covered by this Regulation shall bDirective are performed on the basis of a systematic assessment 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 acceptare tolerable.
Amendment 101 #
Proposal for a regulation
Recital 5
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 103 #
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. 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 106 #
Proposal for a regulation
Recital 9
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 competentlicensing 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 competentlicensing 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
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 112 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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 116 #
Proposal for a regulation
Recital 21
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 #
Proposal for a regulation
Recital 22
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 123 #
Proposal for a regulation
Recital 26
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 127 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Report on Major Hazard Reports for a production installation
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 133 #
Proposal for a regulation
Recital 43
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 bpenalties are put in place.
Amendment 135 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 135 #
Proposal for a regulation
Recital 47
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
Article 17 – paragraph 2 a (new)
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
Article 18 – paragraph 2
2. The document pursuantreferred to in paragraph 1 shall be submitted to the competent authorities as a part of they to accompany the Report on Major Hazard Reports 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
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, andpursuant to Article 15, and the minimum requirements set out in Annex II part 5.
Amendment 139 #
Proposal for a regulation
Article 18 – paragraph 4
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 activitierelating to the offshore oil and gas operations.
Amendment 140 #
Proposal for a regulation
Article 18 – paragraph 4
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
Article 18 – paragraph 5
Amendment 141 #
Proposal for a regulation
Recital 48
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
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 145 #
Proposal for a regulation
Recital 49 a (new)
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 #
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 147 #
Proposal for a regulation
Article 1 – paragraph 1
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/ECpreventing 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 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authorityMember States with offshore oil and gas activities under their jurisdiction shall make suitable arrangements to ensure itsthe 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 149 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 150 #
Proposal for a regulation
Article 20 – paragraph 2
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 efan 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 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 restoredssible 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 151 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The cCompetent 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 theretoreports on major hazards, internal emergency response plans and well operations notifications submitted pursuant to Article 9.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 152 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
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 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘acceptable’ shall mean: rendering'tolerable' means where a risk of a major accident tolerableis reduced to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time, resources or costthe input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
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 Regulationthat 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 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to employees to relevcontractors antd subcontractors connected with the operation and their employees, and ensure that reference to anonymous reporting is included in relevant training and notices.
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
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 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘'connected infrastructure’' shall mean: an offshore equipment, pipeline or some oy well (and associated structures, supplementary units and devices) connected to ther 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 tankernd 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 22 – paragraph 2
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 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
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 161 #
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 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 orand the absence of objections by the competent authority to the combined operations notifications or well notification submitted by the operators;
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 164 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
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 toof 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 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The Member States shall prepare an annual report concerningon safety and the environmental impact of offshore oil and gas operations, which includes:
Amendment 165 #
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 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 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) incident data pursuant to the common reporting system required inpublication requirements pursuant to Articles 22 and 23;
Amendment 167 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the safety and environmental performance of offshore oil and gas operations in their jurisdictionany 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
Article 24 – paragraph 2
2. Member States shall designate an authority toCompetent 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 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘'industry’' shall mean: private companentities 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 24 – paragraph 3
Article 24 – paragraph 3
Amendment 171 #
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 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 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
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 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
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 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall conductinitiate 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 adequny appropriate changes to the relevant regulatory practices where needed.
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
17. ‘'licensee’' shall mean: the holder ofr joint holder of an authorisation to carry out offshore operation pursuant to Directive 94/22/ECil and gas operations;
Amendment 176 #
Proposal for a regulation
Article 25 – paragraph 3
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 accountSubject 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 176 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
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 th) explosion, loss of well control, release of hydrocarbons or dangerous substance einvironment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, andolving 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 involvingleading to death or majorserious injury to five or more persons on or working in connection with the installationthe offshore installation from which the source of danger occurs or engaged in an activity in connection with it; d) any major environmental incident;
Amendment 178 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Following itsthe 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 2 – paragraph 1 – point 18 a (new)
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 26 – paragraph 1
Article 26 – paragraph 1
1. Competent authorities shall make information receivobtained pursuant to this RegulationArticles 24 and 25 available to any natural or legal personentity who so requests.
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
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)
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 26 – paragraph 3
Article 26 – paragraph 3
3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall supplybmit to the competent authority, and make available to the public, a version of the requested document that excludes confidential information.
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
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)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 184 #
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 activitieoperations 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 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 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
22. ‘'operator’' shall mean: the operator of a a production installation or the owner ofperator, a non-production installation and the well operator ofr a well operation. Operator and licensee both come under the definition of Article 2(6) of Directive 2004/35/EC or;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
23. ‘operator of 'production installation’ operator' shall mean: a personan 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 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond 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 wellheadinvolving an installation or the connected infrastructure;
Amendment 191 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
24. ‘owner’'non-production installation operator' shall mean: a personn 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 29 – paragraph 2
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 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25
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 29 – paragraph 3
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 appropriateor notifications submitted pursuant to Annex II. Any such updates shall be advisnotified 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
Article 29 – paragraph 4
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘'public’' shall mean: one or more natural or legal personentities and, in accordance with national legislation or practice, their associations, organisations or groups;
Amendment 196 #
Proposal for a regulation
Article 29 – paragraph 5
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 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
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 initicoordinating the emergency response to a major offshore oil and gasin relation to a specific major accident;
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
30. ‘'risk’' shall mean: the likelihood of a specific effect occurring within a specific period or in specified circumstancescombination of the probability of an event and the consequences of the event;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30 a (new)
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 30 – paragraph 1
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 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
32. ‘'well operation’' shall mean: the drilling of a well for exploration or production purposes, including suspension ofany 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 accidentthe suspension of operations or the permanent abandonment of a well;
Amendment 202 #
Proposal for a regulation
Article 30 – paragraph 2
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 thecurrent internal emergency response plans of the existing or planned installations stationed or plannedconnected 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 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33. ‘'well operator’' shall mean: the person appointed by the licenseean entity appointed to plan and execute a well operation and approved by the Member State.
Amendment 203 #
Proposal for a regulation
Article 30 – paragraph 3
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 203 #
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 overse for which they are thate operators meet this obligation.
Amendment 204 #
Proposal for a regulation
Article 30 – paragraph 4
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 instrumentequipment and services in the spirit of this paragraph.
Amendment 205 #
Proposal for a regulation
Article 30 – paragraph 6
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 205 #
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 therelating 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 31 – paragraph 1
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 3 – paragraph 3
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
Article 3 – paragraph 4
4. Operators shall ensure that offshore oil and gas activitieoperations covered by this Regulation shall bDirective are performed on the basis of a systematic assessment 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 acceptare tolerable.
Amendment 209 #
Proposal for a regulation
Article 31 – paragraph 2
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.
Amendment 211 #
Proposal for a regulation
Article 32 – paragraph 1
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 acconcerned shall exchange information with potentially affected Member States or neighbouring third countries when preparing the external emergency plan. The Member States in question shall coordinate their emergencyresponse plans and agree arrangements to coordinate the implementation of these plans to facilitate a joint response to an accident.
Amendment 211 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Safety and environmental considerations within relating to authorisation of offshore oil and gas activities pursuant to Directive 94/22/EC
Amendment 212 #
Proposal for a regulation
Article 32 – paragraph 2
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
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 213 #
Proposal for a regulation
Article 4 – paragraph 1
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 framework of that authoristhe planned offshore oil and gas operations as required by the relevant provisions of Union law, notably in this Regulation.
Amendment 214 #
Proposal for a regulation
Article 32 – paragraph 4
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 216 #
Proposal for a regulation
Article 34 – paragraph 1
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 217 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In particular, when assessingcompetent 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 ofoperations pursuant to Directive 94/22/EC are proportionate to the risk,s, the hazards and any other relevant information related to the area concernedlicensed 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 221 #
Proposal for a regulation
Article 37 a (new)
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 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
Annex II – part 2 – point 4
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 an acceptable extent tolerable level;
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for offshore oil and gas exploration operations, and for production operations shall be granted separatelyrelating 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 229 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. LicensingCompetent 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 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 233 #
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 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 236 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Public participation in licensing procedurespursuant to Directive 2001/42/EC, Directive 85/337/EEC, Directive 92/43/EEC and Directive 79/409/EEC
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 1
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 241 #
Proposal for a regulation
Article 5 – paragraph 3
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 244 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Installations and connected infrastructure shall only be operated in licensed areas by licensees, or entities they contract andoperators appointed for that purpose, and that are approved by Member States.
Amendment 246 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
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 #
Proposal for a regulation
Article 6 – paragraph 2
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 operatorinforms 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 responsibilities of an operator pursuant to this Regulationy for the execution of the functions and duties; and shall nominate a replacement operator as soon as possible.
Amendment 248 #
Proposal for a regulation
Article 6 – paragraph 3
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 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Well and combinedCombined 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 inor 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
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 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 251 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States with offshore oil and gas activitieoperations under their jurisdiction shall appoint a competent authority responsible for duties laid down inrelated to the scope of this Regulation.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The competent authoritiesy appointed pursuant to paragraph 1 as a minimum shall be responsible for the following taskduties:
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) performing inspecoverseeing compliance of operators and owners with this legislations, by conducting inspections and investigations and taking enforcement action;
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The cCompetent authority shall be organised in accordance withies undertaking duties pursuant to this Regulation shall be functionally independent from those provisions of Article 19 so as to earts of the Member States exercising functionsu re independent performance of potentially conflicting tasks, expertise and general effectiveness in regulating offshore oil and gas activitilating 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 257 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the competent authorityies have adequate human and financial resources to perform its tasks accordingthe duties pursuant to this Regulation.
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
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 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
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 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) a Major Hazard Report containing the details specified in Article 10 or Article 1in 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 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) an 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 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 272 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority shall receive the design notification no later than 24 weeks before the intended submission ofSubject 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 operationcontaining the details specified in Article 11.
Amendment 273 #
Proposal for a regulation
Article 9 – paragraph 3
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 operationcompetent 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 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
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 #
Proposal for a regulation
Article 9 – paragraph 3 b (new)
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 #
Proposal for a regulation
Article 9 – paragraph 3 c (new)
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 #
Proposal for a regulation
Article 9 – paragraph 3 d (new)
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
Article 10 – title
Report on Major Hazard Reports for a production installation
Amendment 279 #
Proposal for a regulation
Article 10 – paragraph 1
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 282 #
Proposal for a regulation
Article 10 – paragraph 3
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 thea 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 #
Proposal for a regulation
Article 10 – paragraph 4
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 submittedoperator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions.
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 5
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 deadlintimescale 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 #
Proposal for a regulation
Article 10 – paragraph 6
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 noten required by the competent authority within a timescale specified toby the competent authority.
Amendment 286 #
Proposal for a regulation
Article 11 – paragraph 1
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 288 #
Proposal for a regulation
Article 11 – paragraph 2
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 thea 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 #
Proposal for a regulation
Article 11 – paragraph 3
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 deadlintimescale 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 #
Proposal for a regulation
Article 11 – paragraph 4
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 caseno 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 292 #
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 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 #
Proposal for a regulation
Article 11 – paragraph 6
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 ofA summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be noten required by the competent authority, within a timescale specified toby the competent authority.
Amendment 294 #
Proposal for a regulation
Article 12 – paragraph 1
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 incorporainternal emergency response plan shall be submitted into the emergency response plan for the installcompetent authority to accompany the relevant well notification.
Amendment 295 #
Proposal for a regulation
Article 12 – paragraph 2
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 ofto accompany the Major Hazard Report.
Amendment 296 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 298 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
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 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. No less than 21 days prior to the start of a well operation, tThe well operator shall send to the competent authority a notification containing details of the design of the well and itsthe 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 #
Proposal for a regulation
Article 13 – paragraph 2
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 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The well operator shall immediately notify the competent authority of any significantmaterial change to the details of the well notification and simultaneously inform. The well operator will involve the independent well examinverifier pursuant to Article 15(3b).
Amendment 302 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
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 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. An operator of an installation which is to be involved in a combined operations shall send to the competent authorubmity 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 concernedthe installations mayinvolved 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 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The competent authority shall consider the notification and take action it considers necessary before the combined operation mays commence.
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 3
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 thereofcombined operation notification.
Amendment 310 #
Proposal for a regulation
Article 15 – paragraph 1
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 intofor 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 313 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
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 315 #
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, at a minimum, criteria of Annex II, part 5.
Amendment 318 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The schemes for independent third party verification in respect of production and non-production installationsverification shall be established:
Amendment 321 #
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 systemsplant 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 operatingand implemented as intended;
Amendment 324 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) in respect of well planotifications to give independent assurance that the well design and well control measures are suitable to the anticipated well conditions and kept as the basis if the well design changes for whatever reasont all times.
Amendment 328 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
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
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) are available to the competent authority upon its requestnd 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 333 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 334 #
Proposal for a regulation
Article 15 – paragraph 6
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 operationoperated in Union waters.
Amendment 336 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 339 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
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 341 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Power to prohibit activityoffshore oil and gas operations
Amendment 342 #
Proposal for a regulation
Article 16 – paragraph 1
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 operatorMajor 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 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 344 #
Proposal for a regulation
Article 16 – paragraph 3
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
Article 16 – paragraph 4
4. The competent authority shall prohibithave 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 348 #
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 349 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 350 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
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
Article 18 – paragraph 2
2. The document pursuantreferred to in paragraph 1 shall be submitted to the competent authorities as a part ofy 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
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 controlsverification pursuant to Article 15, and Annex II part 5.
Amendment 353 #
Proposal for a regulation
Article 18 – paragraph 4
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
Article 18 – paragraph 5
Amendment 355 #
Proposal for a regulation
Article 18 – paragraph 6
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 principles set out in this Regulation of minimising major accident risks from those operations wherever possible.
Amendment 360 #
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 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 362 #
Proposal for a regulation
Article 18 – paragraph 6 b (new)
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
Article 19 – paragraph 1
1. The competent authorityMember States with offshore oil and gas activities under their jurisdiction shall make suitable arrangements to ensure itsthe 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
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 366 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
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
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 efan 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 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 restoredssible 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
Article 20 – paragraph 4
4. The cCompetent 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 theretoreports 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)
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
Article 21 – paragraph 2
2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to employees to relevcontractors 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 372 #
Proposal for a regulation
Article 22 – paragraph 2
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 374 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 378 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The information pursuant Annex VI shall be made publicly available without a need for request pursuant to applicable provCommission 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 informationdata. This implementing act shall be adopted in accordance with the procedure referred to in Article 36 paragraph 2.
Amendment 380 #
Proposal for a regulation
Article 23 – paragraph 2
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 383 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 384 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Reporting on safety and environmental impact of offshore oil and gas activitieoperations
Amendment 385 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The Member States shall prepare an annual report concerningon safety and the environmental impact of offshore oil and gas operations, which includes:
Amendment 386 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) incident data pursuant to the common reporting system required inpublication requirements pursuant to Articles 22 and 23;
Amendment 387 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the safety and environmental performaany major change in relation to prevention of major accidents and the limiting of consequences of offshore oil and gas operationsmajor accidents that do occur, including the pertinence of any suspension of operations that might be of application in their jurisdiction.
Amendment 388 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall designate an authority toCompetent 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
Article 24 – paragraph 3
Amendment 391 #
Proposal for a regulation
Article 25 – paragraph 2
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 393 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
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
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 accountSubject 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 397 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Following itsthe 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
Article 26 – paragraph 1
1. Competent authorities shall make information receivobtained pursuant to this Regulation available to any natural or legal personArticles 24 and 25 available to any entity who so requests.
Amendment 399 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall supplybmit to the competent authority, and make available to the public, a version of the requested document that excludes confidential information.
Amendment 401 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The competent authorities shall regularlyof 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 403 #
Proposal for a regulation
Article 27 – paragraph 2
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
Article 27 – paragraph 3
3. Clear priorities and procedures should be established between operators and competent authorities for the preparation and updating of guidance documentand 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 406 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A Member State may seek the opinion of other Member States participating in the exchange of informationa neighbouring Member State pursuant to paragraph 1 regarding any decision of another Member State that has potentialthat could have a negative cross border impact.
Amendment 407 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Amendment 408 #
Proposal for a regulation
Article 28 – paragraph 1
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 410 #
Proposal for a regulation
Article 28 – paragraph 2
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 supportpromote a coordinated approach to the mutual exchange of experience and promotion ofwith third countries, particularly in relation to accident preventiveon measures and regional emergency response plans.
Amendment 411 #
Proposal for a regulation
Article 28 – paragraph 3
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 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
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 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond 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 wellheadinvolving an installation or the connected infrastructure;
Amendment 416 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 418 #
Proposal for a regulation
Article 29 – paragraph 2
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 #
Proposal for a regulation
Article 29 – paragraph 3
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 suchor notifications submitted pursuant to Annex II. Significant updates shall be advisnotified to the relevant authorityies responsible for preparing the external emergency response plans for the area concerned.
Amendment 421 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 423 #
Proposal for a regulation
Article 29 – paragraph 5
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 428 #
Proposal for a regulation
Article 30 – paragraph 1
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 430 #
Proposal for a regulation
Article 30 – paragraph 2
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 thecurrent internal emergency response plans of the installations stationed or plannedfor 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 432 #
Proposal for a regulation
Article 30 – paragraph 3
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 appropriateto 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 #
Proposal for a regulation
Article 30 – paragraph 4
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 instrumentequipment and services in the spirit of this paragraph.
Amendment 434 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Member States concerned shall keep updated records of emergency response resourequipment and services available in their territory or jurisdiction by both public and private entities. Those records shall be made available to theupon request to other Member States, to the Offshore Authorities Forum and, on a reciprocal basis, withto neighbouring third countries, and to the Commission.
Amendment 435 #
Proposal for a regulation
Article 30 – paragraph 7
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
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 accidentThe notification should include the circumstances of the accident and its foreseen consequences.
Amendment 437 #
Proposal for a regulation
Article 31 – paragraph 2
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
Article 31 – paragraph 3
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 441 #
Proposal for a regulation
Article 32 – paragraph 1
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 accountconcerned 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 emergencyresponse 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
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
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
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
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 industryoperators 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
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
Article 34 – paragraph 2
Amendment 450 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The delegation of powerpower to adopt delegated acts referred to in Article 34 shall be conferred on the Commission for an indeterminate period of time from the da period of three years from *. * Date of the entry of this Regulation into force.
Amendment 451 #
Proposal for a regulation
Article 35 – paragraph 5
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
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 454 #
Proposal for a regulation
Article 37 a (new)
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 456 #
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
Operators of installations shall comply in full with this RegulationDirective within two[3] years of it coming into effect, with the following exceptions:
Amendment 458 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
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 RegulationDirective 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
Article 38 – paragraph 1 – point b
(b) Operators of planned production installations shall comply in full with this regulationDirective unless otherwise agreed with the competent authority, and in any case no later than within 1[2] years of it coming into effect.
Amendment 461 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) Well operators shall comply in full with this RegulationDirective within 3[12] months of it coming into effect, or earlier by agreement with the competent authority.
Amendment 463 #
Proposal for a regulation
Annex 1 – heading 1
Annex 1 – heading 1
Public participation linked to authorisations underpursuant to Directive 2001/42/EC, Directive 85/337/EEC, Directive 92/43/EEC and Directive 94/22/79/409/EEC
Amendment 466 #
Proposal for a regulation
Annex 1 – point 1 – point a
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 licensingrelevant 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
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 469 #
Proposal for a regulation
Annex 1 – point 2
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
Annex 2 – heading 1
Amendment 471 #
Proposal for a regulation
Annex 2 – heading 1 a (new)
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
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
Annex 2 – part 1 – paragraph 1 – point 2
(2) a description of the process applied to the design activitydesign 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 producconcepts included byon thise process;
Amendment 474 #
Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 4
Annex 2 – part 1 – paragraph 1 – point 4
(4) a demonstration that the concept reduces major hazard risks to an acceptable extentlevel;
Amendment 475 #
Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 5
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
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 478 #
Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7 a (new)
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)
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)
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
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 itany association with other installations or connected infrastructure;
Amendment 483 #
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, 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 extentlevel;
Amendment 484 #
Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 6
Annex 2 – part 2 – paragraph 1 – point 6
(6) details of plaequipment 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
Annex 2 – part 2 – paragraph 1 – point 7
(7) details of the arrangements to protect persons on the platforminstallation from major hazards, and to ensure their safe evacuation and recovery andscue 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
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
Annex 2 – part 2 – paragraph 1 – point 9
(9) informaa 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
Annex 2 – part 2 – paragraph 1 – point 10
(10) information relating todetails 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
Annex 2 – part 2 – paragraph 1 – point 12
(12) theany information relevant to the requirements under this rRegulation obtained pursuant to other 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)
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)
Annex 2 – part 2 – paragraph 1 – point 13 b (new)
(13 b) a supporting internal emergency response plan pursuant to Article 12;
Amendment 493 #
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, 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
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
Annex 2 – part 3 – paragraph 1 – point 7
(7) details of the arrangements to protect persons on the platforminstallation from major hazards, and to ensure their safe evacuation and recovery, andscue, 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
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
Annex 2 – part 3 – paragraph 1 – point 9
(9) demonstration that all the major hazards have been identified for all activitieoperations 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 extentlevel;
Amendment 498 #
Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 10
Annex 2 – part 3 – paragraph 1 – point 10
(10) details of theany 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)
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
Annex 2 – part 3 – paragraph 1 – point 11
(11) informaa 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
Annex 2 – part 3 – paragraph 1 – point 12
(12) information relating to thedetails 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
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
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 pollutny 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 monitoringmajor accident prevention requirements of Directive 92/91/EC.
Amendment 504 #
Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 14 a (new)
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)
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
Annex 2 – part 4 – paragraph 1 – introductory part
Amendment 507 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2
Annex 2 – part 4 – paragraph 1 – point 2
(2) the name of the installation to be used and the ownername and address of the owner of the installation;
Amendment 508 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2 a (new)
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)
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
Annex 2 – part 4 – paragraph 1 – point 3
(3) details that identify the well and any association with other wells or developmentsinstallations or connected infrastructure;
Amendment 511 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 4
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 compleh, and limitations of thn safe operation in keeping with the risk assessment;
Amendment 512 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 4 a (new)
Annex 2 – part 4 – paragraph 1 – point 4 a (new)
Amendment 513 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 7
Annex 2 – part 4 – paragraph 1 – point 7
Amendment 514 #
Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 8
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 completedtemporarily 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
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
Annex 2 – part 4 – paragraph 1 – point 11 – introductory part
(11) where a well is to be carried outonstructed, 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
Annex 2 – part 4 – paragraph 1 – point 11 – point a
(a) details of theany environmental, meteorological, marine and sea-bed conditions at the location, including any physical obstructions such as pipelinelimitations 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
Annex 2 – part 4 – paragraph 1 – point 2
(2) theany information relevant to other requirements under this regulation obtained pursuant to other applicable Union legislation notably major accident prevention requirements of Directives 92/91/EC and 85/337/EEC.
Amendment 521 #
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 526 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point a
Annex 2 – part 5 – point 1 – point a
(a) histhe 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 hiswhere there could be a conflict of interests and objectivity might be compromised;
Amendment 528 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point b
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 examinationthe well, so as to ensure he will be objectiveity in carrying out his functions within the scheme;
Amendment 532 #
Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part
Annex 2 – part 5 – point 2 – introductory part
2. The independent third party shalloperator shall ensure that the independent verifier is able to meet the following requirements with regard to its competence:
Amendment 536 #
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 537 #
Proposal for a regulation
Annex 2 – part 5 – point 2 – point d
Annex 2 – part 5 – point 2 – point d
(d) sufficient authority given by the operator to the independent third partyverifier to be able to perform his functions adequately;
Amendment 540 #
Proposal for a regulation
Annex 2 – part 5 – point 3 – introductory part
Annex 2 – part 5 – point 3 – introductory part
3. For the purposes of Article 13 paragraph 3, a significantmaterial change to a well notification will include:
Amendment 541 #
Proposal for a regulation
Annex 2 – part 5 – point 3 – point a
Annex 2 – part 5 – point 3 – point a
(a) any change having potential to infringealter 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
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
Annex 2 – part 5 – point 3 – paragraph 1
Amendment 544 #
Proposal for a regulation
Annex 2 – part 5 – point 4
Annex 2 – part 5 – point 4
4. In the case of a well notification, a statement shall be included from anby the operator after considering the report of the independent well examinverifier 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
Annex 2 – part 5 – point 5 – point a
(a) a statement fromby 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 549 #
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 551 #
Proposal for a regulation
Annex 2 – part 5 – point 5 – point c
Annex 2 – part 5 – point 5 – point c
(c) the meansa 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 pversons,ifier; the verification of the design, standard, certification or other system of conformanceity 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
Annex 2 – part 6 – paragraph 1 – introductory part
Where major changeterial 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
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 extentlevel;
Amendment 554 #
Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – point 4 – point b
Annex 2 – part 6 – paragraph 1 – point 4 – point b
(b) a description of major hazard risks associated with the dismantlementecommissioning 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
Annex 2 – part 6 – paragraph 1 – point 4 – point c
(c) emergency response arrangements to secure safe evacuation and recoveryscue of personnel and to prevent a major accident to the environmentfor 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)
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
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 risks from of a major accident to an acceptable level;
Amendment 558 #
Proposal for a regulation
Annex 2 – part 7 – paragraph 1 – point 6
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
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
Annex 3 – point 1 – introductory part
1. For the purposes of appointing a competent authority responsible for the regulatory functions in thiduties regulation relating to safety and environmental proteced 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
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
Annex 3 – point 1 – point b
(b) A policy statement addressdescribing 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
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 regulassess major hazard reports, well notifications and combined operation notifications, including how it will handle, assess and accept major hazard reports, handle well notificationspect 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 activityinstallations or offshore oil and gas operations are to be determined;
Amendment 564 #
Proposal for a regulation
Annex 3 – point 1 – point e
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
Annex 3 – point 1 – point f
(f) where thea 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, internals; communications,; and the publishing of external reportings.
Amendment 566 #
Proposal for a regulation
Annex 3 – point 2 – point a
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 mwithin 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
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
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 permitto facilitate the active cooperation between competent authorities pursuant to Article 27;
Amendment 569 #
Proposal for a regulation
Annex 3 – point 2 – point d
Annex 3 – point 2 – point d
(d) where appropriate, to requireing operators and/or installation owners to indemnifyto 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
Annex 3 – point 2 – point e
(e) to undertakeing or instigateencouraging research pursuant to the competent authority's functions under this rRegulation;
Amendment 571 #
Proposal for a regulation
Annex 3 – point 2 – point f
Annex 3 – point 2 – point f
(f) provision for thea competent authority to make reports.
Amendment 572 #
Proposal for a regulation
Annex 3 – point 3 – introductory part
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
Annex 3 – point 3 – point a
Amendment 574 #
Proposal for a regulation
Annex 3 – point 3 – point b
Annex 3 – point 3 – point b
Amendment 575 #
Proposal for a regulation
Annex 3 – point 3 – point c
Annex 3 – point 3 – point c
Amendment 576 #
Proposal for a regulation
Annex 3 – point 3 – point d
Annex 3 – point 3 – point d
Amendment 577 #
Proposal for a regulation
Annex 3 – point 3 – point e
Annex 3 – point 3 – point e
Amendment 578 #
Proposal for a regulation
Annex 3 – point 3 – point f
Annex 3 – point 3 – point f
Amendment 579 #
Proposal for a regulation
Annex 3 – point 3 – point g
Annex 3 – point 3 – point g
Amendment 580 #
Proposal for a regulation
Annex 3 – point 3 – point h
Annex 3 – point 3 – point h
Amendment 581 #
Proposal for a regulation
Annex 3 – point 3 – point i
Annex 3 – point 3 – point i
Amendment 586 #
Proposal for a regulation
Annex 3 – point 3 a (new)
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)
Annex 3 – point 3 b (new)
Amendment 588 #
Proposal for a regulation
Annex 3 – point 4
Annex 3 – point 4
Amendment 590 #
Proposal for a regulation
Annex 4 – heading 1 a (new)
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
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
Annex 4 – point 2 – point c
(c) integration of environmental impact into major hazardconsiderations into major accident risk assessments in the major hazards report;
Amendment 593 #
Proposal for a regulation
Annex 4 – point 3
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
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
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)
Annex 4 – point 6 – point f a (new)
(f a) visible commitment to tripartite consultations and actions arising therefrom.
Amendment 598 #
Proposal for a regulation
Annex 4 – point 6 – point f a (new)
Annex 4 – point 6 – point f a (new)
(f a) Cooperation with elected safety representatives;
Amendment 600 #
Proposal for a regulation
Annex 4 – point 7 – introductory part
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 hazardsaccident prevention and limitation of consequences of major hazardaccidents should they nonetheless occur. The matters to be considered should include:
Amendment 601 #
Proposal for a regulation
Annex 4 – point 7 – point b
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
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
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
Annex 4 – point 7 – point j
(j) effectively integrating safety management systems between operators, well operators, rig owners and other entities involved in combinedoffshore oil and gas operations.
Amendment 605 #
Proposal for a regulation
Annex 4 – point 7 – point j a (new)
Annex 4 – point 7 – point j a (new)
Amendment 606 #
Proposal for a regulation
Annex 5 – heading 1
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)
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
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
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
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
Annex 5 – part 1 – point 1 – point d
(d) a description of the actions which shouldthat will be taken to control therelevant conditions or events and to limit their consequences to within the installation and its exclusion zone;
Amendment 613 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point e
Annex 5 – part 1 – point 1 – point e
(e) a description of the response equipment and the resources available;
Amendment 615 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point f
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
Annex 5 – part 1 – point 1 – point g
(g) arrangements that coordinate with the recoveryevacuation 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 619 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point h
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 621 #
Proposal for a regulation
Annex 5 – part 1 – point 1 a (new)
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
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 624 #
Proposal for a regulation
Annex 5 – part 2 – point 1 – introductory part
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
Annex 5 – part 2 – point 1 – point b
(b) arrangements for receiving early warning of accidents, and the associated alert and calloutresponse procedures;
Amendment 626 #
Proposal for a regulation
Annex 5 – part 2 – point 1 – point c
Annex 5 – part 2 – point 1 – point c
(c) arrangements for coordinating resources necessary to implement the external emergency response plan;
Amendment 627 #
Proposal for a regulation
Annex 5 – part 2 – point 1 – point d
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
Annex 5 – part 2 – point 1 – point e
(e) a detailed description of the offsiteexternal emergency response arrangements;
Amendment 629 #
Proposal for a regulation
Annex 5 – part 2 – point 2 – introductory part
Annex 5 – part 2 – point 2 – introductory part
2. The authority primarilyor 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
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 installationsite of the accident;
Amendment 632 #
Proposal for a regulation
Annex 5 – part 2 – point 2 – point e
Annex 5 – part 2 – point 2 – point e
(e) measures to ensure that equipment, staff and procedures are ready to operate and up to datavailable 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
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
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
Annex 5 – part 2 – point 4 – point d
(d) arranging cross boundary exercises of external emergency response exercisesplans'.
Amendment 636 #
Proposal for a regulation
Annex 6 – point 2 – introductory part
Annex 6 – point 2 – introductory part
2. The defining reporting requirements referred to in paragraph 1 shall containver as a minimum the following information and data:
Amendment 637 #
Proposal for a regulation
Annex 6 – point 2 – point b
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
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 installationrelation to a mobile installation constituting a risk to safety or the environment;
Amendment 639 #
Proposal for a regulation
Annex 6 – point 2 – point j
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
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 experformaiences 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
Annex 6 – point 4
4. The aim of collecting and assembling the information referred to in paragraph 2 is to provide advanced warning for (furwarning 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
Annex 6 – point 5