Directive 2013/30 - Safety of offshore oil and gas operations

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This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on June 28, 2013, entered into force on July 18, 2013 and should have been implemented in national regulation on July 19, 2015 at the latest.

2.

Key information

official title

Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC Text with EEA relevance
 
Legal instrument Directive
Number legal act Directive 2013/30
Original proposal COM(2011)688 EN
CELEX number257 32013L0030

3.

Key dates

Document 12-06-2013
Publication in Official Journal 28-06-2013; OJ L 178, 28.6.2013,Special edition in Croatian: Chapter 15 Volume 028
Effect 18-07-2013; Entry into force Date pub. +20 See Art 43
End of validity 31-12-9999
Transposition 19-07-2015; At the latest See Art 41

4.

Legislative text

28.6.2013   

EN

Official Journal of the European Union

L 178/66

 

DIRECTIVE 2013/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 June 2013

on safety of offshore oil and gas operations and amending Directive 2004/35/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

Article 191 of the Treaty on the Functioning of the European Union establishes the objectives of preserving, protecting and improving the quality of the environment and the prudent and rational utilisation of natural resources. It creates an obligation for all Union action to be supported by a high level of protection based on the precautionary principle, and on the principles that preventive action needs to be taken, that environmental damage needs as a matter of priority to be rectified at source and that the polluter must pay.

 

(2)

The objective of this Directive is to reduce as far as possible the occurrence of major accidents relating to offshore oil and gas operations and to limit their consequences, thus increasing the protection of the marine environment and coastal economies against pollution, establishing minimum conditions for safe offshore exploration and exploitation of oil and gas and limiting possible disruptions to Union indigenous energy production, and to improve the response mechanisms in case of an accident.

 

(3)

This Directive should apply not only to future offshore oil and gas installations and operations but, subject to transitional arrangements, also to existing installations.

 

(4)

Major accidents relating to offshore oil and gas operations are likely to have devastating and irreversible consequences on the marine and coastal environment as well as significant negative impacts on coastal economies.

 

(5)

Accidents relating to offshore oil and gas operations, in particular the accident in the Gulf of Mexico in 2010, have raised public awareness of the risks involved in offshore oil and gas operations and have prompted a review of policies aimed at ensuring the safety of such operations. The Commission launched a review of offshore oil and gas operations and expressed its initial views on the safety thereof in its Communication ‘Facing the challenge of the safety of offshore oil and gas activities’ on 13 October 2010. The European Parliament adopted resolutions on the topic on 7 October 2010 and 13 September 2011. Energy Ministers of the Member States expressed their views in the Conclusions of the Council of 3 December 2010.

 

(6)

The risks relating to major offshore oil or gas accidents are significant. By reducing the risk of pollution of offshore waters, this Directive should therefore contribute to ensuring the protection of the marine environment and in particular to achieving or maintaining good environmental status by 2020 at the latest, an objective set out in 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) (3).

 

(7)

Directive 2008/56/EC aims to address, as one of its central purposes, the cumulative impacts from all activities on the marine environment, and is the environmental pillar of the Integrated Maritime Policy. That policy is relevant to offshore oil and gas operations as it requires the linking of...


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This text has been adopted from EUR-Lex.

5.

Original proposal

  • COM(2011)688 - Safety of offshore oil and gas prospection, exploration and production activities
 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:
  • dossier EUR-Lex decision258

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.


  • 1. 
    As defined in the
     
  • 2. 
    As per
     
  • 3. 
    Total loss of the unit including constructive total loss from an insurance point of view; however, the unit may be repaired and put into operation again.

     
  • 4. 
    Severe damage to one of more modules of the unit; large/medium damage to load-bearing structures; major damage to essential equipment.

     
  • 5. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 6. 
    BP Sustainability Review 2010, www.bp.com/liveassets/bp_internet/globalbp

     
  • 7. 
    BP fourth quarter and full year 2010 results, www.bp.com/liveassets/bp_internet/globalbp

     
  • 8. 
    Under the US Clean Water Act, 1,100 dollars are to be paid for each barrel spilled; this amount may increase to 4,300 dollars if the spill is the result of gross negligence.

     
  • 9. 
    Source:
     
  • 10. 
    As defined in the
     
  • 11. 
    Costs estimated in December 2009 US dollars and include property damage, debris removal, and cleanup. Excluded were the costs of business interruption, extra expense, employee injuries and fatalities, and liability claims. Source:
     
  • 12. 
    As defined in the
     
  • 13. 
    Offshore blowouts result from gas, or gas and oil escaping out of control under high pressure from subsurface reservoirs during drilling or production. Oil may be released either at the water surface or on the sea bottom, depending on the type of drilling rig being used, and other factors. Every modern rig has a set of large control valves, known as blowout preventers, to stop the flow of oil, gas and other well fluids if problems occur during drilling.

     
  • 14. 
    As defined in the
     
  • 15. 
    Definition as per SINTEF, www.sintef.no/Home/Technology-and-Society

     
  • 16. 
    As defined in the
     
  • 17. 
    Source: ITOPF, -->
     
  • 18. 
    The Iran-Iraq war either caused or prevented blowouts in this field from being capped.

     
  • 19. 
    home.versatel.nl/the_sims/rig/ekofiskb

     
  • 20. 
    As defined in the
     
  • 21. 
    BP fourth quarter and full year 2010 results, www.bp.com/liveassets/bp_internet/globalbp

     
  • 22. 
    In the case of the offshore spill, there may be greater release, a greater degree of uncertainty about the size of the spill, a different type of oil dispersal due to release near the seabed, and a more complex (and potentially costly) process for capping a spill. Conversely, a large number of tanker wrecks occur on, or close to the coastline, potentially increasing cleanup costs when compared with offshore spills due to shoreline oiling.

     
  • 23. 
    Communication from the Commission to the European Parliament and the Council on a second set of Community measures on maritime safety following the sinking of the oil tanker Erika, COM(2000) 802 final, eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2000:0802:FIN:EN:PDF

     
  • 24. 
    The Prestige: one year on, a continuing disaster, www.wwf.fi/www/uploads/pdf

     
  • 25. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 26. 
    As defined in the
     
  • 27. 
    As per
     
  • 28. 
    As defined in the
     
  • 29. 
    As per
     
  • 30. 
    Total loss of the unit including constructive total loss from an insurance point of view; however, the unit may be repaired and put into operation again.

     
  • 31. 
    Severe damage to one of more modules of the unit; large/medium damage to load-bearing structures; major damage to essential equipment.

     
  • 32. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 33. 
    Under the US Clean Water Act, 1,100 dollars are to be paid for each barrel spilled; this amount may increase to 4,300 dollars if the spill is the result of gross negligence.

     
  • 34. 
    Source:
     
  • 35. 
    Costs estimated in December 2009 US dollars and include property damage, debris removal, and cleanup. Excluded were the costs of business interruption, extra expense, employee injuries and fatalities, and liability claims. Source:
     
  • 36. 
    Offshore blowouts result from gas, or gas and oil escaping out of control under high pressure from subsurface reservoirs during drilling or production. Oil may be released either at the water surface or on the sea bottom, depending on the type of drilling rig being used, and other factors. Every modern rig has a set of large control valves, known as blowout preventers, to stop the flow of oil, gas and other well fluids if problems occur during drilling.

     
  • 37. 
    Source: ITOPF, -->
     
  • 38. 
    The Iran-Iraq war either caused or prevented blowouts in this field from being capped.

     
  • 39. 
    International Oil Pollution Compensation Funds, www.iopcfund.org.

     
  • 40. 
    Source:
     
  • 41. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 42. 
    SINTEF Offshore Blowout Database, www.sintef.no/sintefcom/Technology-and-Society

     
  • 43. 
    An incident where hydrocarbons flow from the well at some point where flow was not intended and the flow was stopped by use of the barrier system that was available on the well at the time of the incident. Definition as per SINTEF.

     
  • 44. 
    HPHT wells are wells with expected shut-in pressure equal to or above 690 bar (10,000 psi) and/or bottomhole temperature exceeding 150°C.
     
  • 45. 
    As provided in
     
  • 46. 
    Excluding shallow gas incidents and assuming: 1) 7% of all wells drilled are HPHT; 2) 0.08 coiled tubing operations per well year; 3) 0.05 snubbing operations per well year; and 4) 0.17 workover operations per well year, all as per Scandpower. Number of wells does not include those in Bulgaria, Cyprus, Germany, Malta, or Romania.

     
  • 47. 
    Scandpower figures are based on a sample of 95,270 oil well years and 82,204 gas well years in the combined areas of US GoM and North Sea.

     
  • 48. 
    Det Norske Veritas, Environmental Risk Assessment of Exploration Drilling in Nordland VI, Report No. 20/04/2010, www.olf.no/PageFiles/6525/Environmental%20risk%20assessment%20of%20exploration%20drilling%20in%20Nordland%20VI.pdf

     
  • 49. 
    Source: www.ptil.no/ageing-and-life-extension/category626

     
  • 50. 
    Source: www.offshore-mag.com/index/article-display

     
  • 51. 
    There are activities planned in the UK, west of Shetlands at sea depths of up to 1,600 metres, near the Faroe Islands at sea depths of 1,100 metres and in Norway at up to 1,700 metres.

     
  • 52. 
    Prospecting is taking place in the Barents Sea and off Greenland. In April 2011, Statoil announced a significant oil discovery on the Skrugard prospect in the Barents Sea.

     
  • 53. 
    'HPHT developments in the UKCS' Ref www.hse.gov.uk/research/rrpdf/rr409.pdf

     
  • 54. 
    'kick' is an industry term used for situations of sudden escalation of well pressure leading to temporary disruption of the standard operation of the well.

     
  • 55. 
    Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, OJ L 345, 31.12.2003, p.
     
  • 56. 
    It comprises identifying major accident scenarios, assessing consequences and likelihood to evaluate risks, identifying control and mitigation measures, and developing suitable management arrangements for implementing the measures. The approach to each MAH site should be contained within a company safety report or safety case. This may be provided to the national regulator for regulatory assessment.

     
  • 57. 
    The UK
     
  • 58. 
    More details on available studies and reports in Annex IX.

     
  • 59. 
    UK offshore enforcement statistics since 2001/02 (comprising the total number of prosecutions and statutory improvement or prohibition notices) are broadly steady over the past 10 years at 49/year (2010/11 provisionally = 47). See Annex XIII for more information on benchmarking between sectors/countries.

     
  • 60. 
    E.g. of OSPAR countries five (UK, N, NL, DK and D) have evaluated their operations and all have identified improvement needs.(source: Investigations of Drilling in Extreme Conditions and their Relevance to Potential Environmental Impacts - Preliminary
     
  • 61. 
    For example along the lines of Senior Labour Inspectors' Committee (SLIC), or the North Sea Offshore Authorities Forum in other regions. Refer to DG.EMPL/B3 website for further information.

     
  • 62. 
    Ref United Nations Convention on the Law of the Sea, 1964.

     
  • 63. 
    Under this approach, operators are required to identify and assess the major risks case by case and demonstrate to the national authorities how these risks would be managed. In certain jurisdictions, the document used is called safety case.

     
  • 64. 
    For example, Romania and Bulgaria have seemingly less comprehensive regulatory regimes than the North Sea states.

     
  • 65. 
    As defined in the
     
  • 66. 
    Source:
     
  • 67. 
    Source:
     
  • 68. 
    Source: Det Norske Veritas, WOAD - Worldwide Offshore Accident Databank, v5.0.1. Summarized in
     
  • 69. 
    Blowout frequencies, Report no. 434-2, March 2010, www.ogp.org.uk/pubs/434-02.pdf

     
  • 70. 
    Source: International Regulator's Forum, IRF Country Performance Measures, www.irfoffshoresafety.com/country/performance/

     
  • 71. 
    Det Norske Veritas, Environmental Risk Assessment of Exploration Drilling in Nordland VI, Report No. 20/04/2010, www.olf.no/PageFiles/6525/Environmental%20risk%20assessment%20of%20exploration%20drilling%20in%20Nordland%20VI.pdf

     
  • 72. 
    Although the baseline scenario has been calculated on this basis, it is likely that actual figures are higher because of the higher accident indicator rates associated with prescriptive offshore safety regimes.

     
  • 73. 
    Number of staff include all management, professional (senior inspectors, inspectors and other technical staff), legal and administrative staff combined. Installations include all fixed, mobile and subsea production and drilling units. Source: European Commission questionnaire data collected from Denmark (Danish Energy Agency, but not including the relevant staff of the Ministry of the Environment), Italy (National Office for Mining, Hydrocarbons and Geothermal Resources), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 74. 
    Source: European Commission questionnaire data collected from Denmark (Danish Energy Agency, but not including the relevant staff of the Ministry of the Environment), Italy (National Office for Mining, Hydrocarbons and Geothermal Resources), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 75. 
    Installations include all fixed, mobile and subsea production and drilling units. Source: European Commission questionnaire data collected from Denmark (Energi Styrelsen, but not including the relevant staff of Miljøministeriet), Spain (Minesterio de Industria, Turismo y Comercio), the Netherlands (Staatstoezicht op de Mijnen) and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 76. 
    Corrected for differences in national hourly wage rates according to Eurostat hourly labour costs, 2004, -->
     
  • 77. 
    Source: European Commission questionnaire data.

     
  • 78. 
    Source: European Commission questionnaire data.

     
  • 79. 
    Source: European Commission questionnaire data.

     
  • 80. 
    COM(2010) 600 final, 26.10.2010

     
  • 81. 
    Impact assessment study into possible options for amending the Seveso II Directive, Final Report, September 2010, COWI, ec.europa.eu/environment/seveso/pdf/Seveso%20IA_Final%20report.pdf

     
  • 82. 
    After levelling-up to North Sea standards, the running safety compliance costs to industry are estimated at
     
  • 83. 
    Source:
     
  • 84. 
    Source: European Commission questionnaire data collected from Italy (Ufficio Nazionale Minerario per gli Idrocarburi e le Georisorse), the Netherlands (Staatstoezicht op de Mijnen), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 85. 
    Source: European Commission questionnaire data collected from Spain (Ministry of Industry, Tourism and Trade), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 86. 
    Article 194

     
  • 87. 
    Article 153(1) and (2)

     
  • 88. 
    Article 191(2), first indent

     
  • 89. 
    See COM(2008) 791 final of 25.11.2008 and COM(2010) 771 of 17.12.2010

     
  • 90. 
    COM(2010) 461 final of 8.9.2010

     
  • 91. 
    ECJ case C-188/07 (Commune de Mesquer v Total France SA and Total International Ltd.) provides important jurisprudence. The ECJ in the abovementioned case concerning maritime transport (Erika tanker accident) came to the conclusion that oil accidentally spilled at sea following a shipwreck, mixed with water and sediment and drifting along or being washed at the coast of a Member States constitutes waste within the meaning of the Waste Framework Directive.

     
  • 92. 
    As defined in the
     
  • 93. 
    Refer to S. 3.3.2 (6) for clarification of the term Competent Authority, which is related to law and not to skill

     
  • 94. 
    NSOAF stands for the North Sea Offshore Authorities Forum, a voluntary grouping of offshore regulatory authorities from the North Sea area used by them for exchange of
     
  • 95. 
    Explanatory reference

     
  • 96. 
    International groups like OGP, and national ones like OLF (Norway) and Oil and Gas UK work intensively with national agencies on hardware and operational solutions to respond to deepwater drilling incidents.

     
  • 97. 
    Such as those developed for the Baltic Sea under the Helsinki Convention (www.helcom.fi/).

     
  • 98. 
    Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage

     
  • 99. 
    Directive 2000/60/EC

     
  • 100. 
    Lifecyle stages: Design options, construction and commissioning; operations and maintenance; modification and decommissioning

     
  • 101. 
    This would include aspects like good practices for major hazards control; revised technical standards in, for example, well control and process safety, well capping and emergency response; and establishment of cooperative associations for sharing assets for tackling major pollution events.

     
  • 102. 
    Lifecyle stages: Design options, construction and commissioning; operations and maintenance; modification and decommissioning

     
  • 103. 
    Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste

     
  • 104. 
    These include: guidance on good practices for major hazards control; revised technical standards in, for example, well control and process safety, well capping and emergency response; and establishment of cooperative associations for sharing assets for tackling major pollution events.

     
  • 105. 
    International Association of Oil and Gas Producers, www.ogp.org.uk/

     
  • 106. 
    Global Industry Response Group recommendations
     
  • 107. 
    As defined in the
     
  • 108. 
    As per
     
  • 109. 
    International Petroleum Industry Environmental Conservation Association: the global oil and gas industry association for environmental and social issues
     
  • 110. 
    OSPRAG Second Interim Report
     
  • 111. 
    BOP: Blow-Out Preventer: safety device to close-in or seal off a (flowing) well.

     
  • 112. 
    Offshore Pollution Liability Association Ltd. A voluntary, industry mutual agreement to settle claims as a result of an oil spill. Current limit for claims is set at
     
  • 113. 
    Operators Co-operative Emergency Service, provides a framework around which an operator may acquire equipment from another operator in an emergency, even across international boundaries.

     
  • 114. 
    DG
     
  • 115. 
    OGP 2010 report Appendix D. -->
     
  • 116. 
    Sanco report says 'Please note that despite the harmonisation efforts undertaken by the respective data centres and data providers in the member states, the injury statistics may not always be completely comparable and the differentiation in sections of injury surveillance is not always clear-cut. There are many reasons for this ranging from differences in the organisation of the national health care systems to cultural differences in the reporting of injury causes'.

     
  • 117. 
    IRF data sheet 2009: -->
     
  • 118. 
    For entry to the data bank: www.hse.gov.uk/statistics/index

     
  • 119. 
    Latest (to 2010) is at: www.hse.gov.uk/offshore/statistics/hsr0910.pdf ; see also a quick synopsis (to 2011) at: www.hse.gov.uk/offshore/statistics/stat1011

     
  • 120. 
    Ministero dello Sviluppo Economico/ Dipartimento per l'Energia / Direzione Generale per le Risorse Minerale ed Energetiche 2009: unmig.sviluppoeconomico.gov.it/unmig/stat

     
  • 121. 
    www.ogp.org.uk/pubs/455.pdf

     
  • 122. 
    OGP 2009 environmental report: www.ogp.org.uk/pubs/442.pdf

     
  • 123. 
    DECC portal for OSPAR agreed environmental management statements is at: https:// -->
     
  • 124. 
    Danish Energy Agency annual report 2010 pp 35-42: www.ens.dk/Documents/Netboghandel%20-%20publikationer/2011/Denmarks_oil_and_gas_production_2010.pdf ; see also DECC policy and guidance at: https://www.og.decc.gov.uk/

     
  • 125. 
    Developing process safety key performance indicators www.hse.gov.uk/pubns/priced/hsg254.pdf ; Norway: Trends in risk level in the petroleum activity
     
  • 126. 
    The UK trade body, Oil
     
  • 127. 
    English summary of PSA's evaluation of DwH disaster: www.ptil.no/getfile.php/PDF/DwH_PSA_summary.pdf

     
  • 128. 
    As per
     
  • 129. 
    As defined in the
     
  • 130. 
    As per
     
  • 131. 
    Total loss of the unit including constructive total loss from an insurance point of view; however, the unit may be repaired and put into operation again.

     
  • 132. 
    Severe damage to one of more modules of the unit; large/medium damage to load-bearing structures; major damage to essential equipment.

     
  • 133. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 134. 
    BP Sustainability Review 2010, www.bp.com/liveassets/bp_internet/globalbp

     
  • 135. 
    BP fourth quarter and full year 2010 results, www.bp.com/liveassets/bp_internet/globalbp

     
  • 136. 
    Under the US Clean Water Act, 1,100 dollars are to be paid for each barrel spilled; this amount may increase to 4,300 dollars if the spill is the result of gross negligence.

     
  • 137. 
    Source:
     
  • 138. 
    As defined in the
     
  • 139. 
    Costs estimated in December 2009 US dollars and include property damage, debris removal, and cleanup. Excluded were the costs of business interruption, extra expense, employee injuries and fatalities, and liability claims. Source:
     
  • 140. 
    As defined in the
     
  • 141. 
    Offshore blowouts result from gas, or gas and oil escaping out of control under high pressure from subsurface reservoirs during drilling or production. Oil may be released either at the water surface or on the sea bottom, depending on the type of drilling rig being used, and other factors. Every modern rig has a set of large control valves, known as blowout preventers, to stop the flow of oil, gas and other well fluids if problems occur during drilling.

     
  • 142. 
    As defined in the
     
  • 143. 
    Definition as per SINTEF, www.sintef.no/Home/Technology-and-Society

     
  • 144. 
    As defined in the
     
  • 145. 
    Source: ITOPF, -->
     
  • 146. 
    The Iran-Iraq war either caused or prevented blowouts in this field from being capped.

     
  • 147. 
    home.versatel.nl/the_sims/rig/ekofiskb

     
  • 148. 
    As defined in the
     
  • 149. 
    BP fourth quarter and full year 2010 results, www.bp.com/liveassets/bp_internet/globalbp

     
  • 150. 
    In the case of the offshore spill, there may be greater release, a greater degree of uncertainty about the size of the spill, a different type of oil dispersal due to release near the seabed, and a more complex (and potentially costly) process for capping a spill. Conversely, a large number of tanker wrecks occur on, or close to the coastline, potentially increasing cleanup costs when compared with offshore spills due to shoreline oiling.

     
  • 151. 
    Communication from the Commission to the European Parliament and the Council on a second set of Community measures on maritime safety following the sinking of the oil tanker Erika, COM(2000) 802 final, eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2000:0802:FIN:EN:PDF

     
  • 152. 
    The Prestige: one year on, a continuing disaster, www.wwf.fi/www/uploads/pdf

     
  • 153. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 154. 
    As defined in the
     
  • 155. 
    As per
     
  • 156. 
    As defined in the
     
  • 157. 
    As per
     
  • 158. 
    Total loss of the unit including constructive total loss from an insurance point of view; however, the unit may be repaired and put into operation again.

     
  • 159. 
    Severe damage to one of more modules of the unit; large/medium damage to load-bearing structures; major damage to essential equipment.

     
  • 160. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 161. 
    Under the US Clean Water Act, 1,100 dollars are to be paid for each barrel spilled; this amount may increase to 4,300 dollars if the spill is the result of gross negligence.

     
  • 162. 
    Source:
     
  • 163. 
    Costs estimated in December 2009 US dollars and include property damage, debris removal, and cleanup. Excluded were the costs of business interruption, extra expense, employee injuries and fatalities, and liability claims. Source:
     
  • 164. 
    Offshore blowouts result from gas, or gas and oil escaping out of control under high pressure from subsurface reservoirs during drilling or production. Oil may be released either at the water surface or on the sea bottom, depending on the type of drilling rig being used, and other factors. Every modern rig has a set of large control valves, known as blowout preventers, to stop the flow of oil, gas and other well fluids if problems occur during drilling.

     
  • 165. 
    Source: ITOPF, -->
     
  • 166. 
    The Iran-Iraq war either caused or prevented blowouts in this field from being capped.

     
  • 167. 
    International Oil Pollution Compensation Funds, www.iopcfund.org.

     
  • 168. 
    Source:
     
  • 169. 
    HSE Economic Analysis Unit (EAU) appraisal values, 2006 (Q3) Short version, 28/07/08, www.hse.gov.uk/economics/eauappraisal

     
  • 170. 
    SINTEF Offshore Blowout Database, www.sintef.no/sintefcom/Technology-and-Society

     
  • 171. 
    An incident where hydrocarbons flow from the well at some point where flow was not intended and the flow was stopped by use of the barrier system that was available on the well at the time of the incident. Definition as per SINTEF.

     
  • 172. 
    HPHT wells are wells with expected shut-in pressure equal to or above 690 bar (10,000 psi) and/or bottomhole temperature exceeding 150°C.
     
  • 173. 
    As provided in
     
  • 174. 
    Excluding shallow gas incidents and assuming: 1) 7% of all wells drilled are HPHT; 2) 0.08 coiled tubing operations per well year; 3) 0.05 snubbing operations per well year; and 4) 0.17 workover operations per well year, all as per Scandpower. Number of wells does not include those in Bulgaria, Cyprus, Germany, Malta, or Romania.

     
  • 175. 
    Scandpower figures are based on a sample of 95,270 oil well years and 82,204 gas well years in the combined areas of US GoM and North Sea.

     
  • 176. 
    Det Norske Veritas, Environmental Risk Assessment of Exploration Drilling in Nordland VI, Report No. 20/04/2010, www.olf.no/PageFiles/6525/Environmental%20risk%20assessment%20of%20exploration%20drilling%20in%20Nordland%20VI.pdf

     
  • 177. 
    Source: www.ptil.no/ageing-and-life-extension/category626

     
  • 178. 
    Source: www.offshore-mag.com/index/article-display

     
  • 179. 
    There are activities planned in the UK, west of Shetlands at sea depths of up to 1,600 metres, near the Faroe Islands at sea depths of 1,100 metres and in Norway at up to 1,700 metres.

     
  • 180. 
    Prospecting is taking place in the Barents Sea and off Greenland. In April 2011, Statoil announced a significant oil discovery on the Skrugard prospect in the Barents Sea.

     
  • 181. 
    'HPHT developments in the UKCS' Ref www.hse.gov.uk/research/rrpdf/rr409.pdf

     
  • 182. 
    'kick' is an industry term used for situations of sudden escalation of well pressure leading to temporary disruption of the standard operation of the well.

     
  • 183. 
    Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, OJ L 345, 31.12.2003, p.
     
  • 184. 
    It comprises identifying major accident scenarios, assessing consequences and likelihood to evaluate risks, identifying control and mitigation measures, and developing suitable management arrangements for implementing the measures. The approach to each MAH site should be contained within a company safety report or safety case. This may be provided to the national regulator for regulatory assessment.

     
  • 185. 
    The UK
     
  • 186. 
    More details on available studies and reports in Annex IX.

     
  • 187. 
    UK offshore enforcement statistics since 2001/02 (comprising the total number of prosecutions and statutory improvement or prohibition notices) are broadly steady over the past 10 years at 49/year (2010/11 provisionally = 47). See Annex XIII for more information on benchmarking between sectors/countries.

     
  • 188. 
    E.g. of OSPAR countries five (UK, N, NL, DK and D) have evaluated their operations and all have identified improvement needs.(source: Investigations of Drilling in Extreme Conditions and their Relevance to Potential Environmental Impacts - Preliminary
     
  • 189. 
    For example along the lines of Senior Labour Inspectors' Committee (SLIC), or the North Sea Offshore Authorities Forum in other regions. Refer to DG.EMPL/B3 website for further information.

     
  • 190. 
    Ref United Nations Convention on the Law of the Sea, 1964.

     
  • 191. 
    Under this approach, operators are required to identify and assess the major risks case by case and demonstrate to the national authorities how these risks would be managed. In certain jurisdictions, the document used is called safety case.

     
  • 192. 
    For example, Romania and Bulgaria have seemingly less comprehensive regulatory regimes than the North Sea states.

     
  • 193. 
    As defined in the
     
  • 194. 
    Source:
     
  • 195. 
    Source:
     
  • 196. 
    Source: Det Norske Veritas, WOAD - Worldwide Offshore Accident Databank, v5.0.1. Summarized in
     
  • 197. 
    Blowout frequencies, Report no. 434-2, March 2010, www.ogp.org.uk/pubs/434-02.pdf

     
  • 198. 
    Source: International Regulator's Forum, IRF Country Performance Measures, www.irfoffshoresafety.com/country/performance/

     
  • 199. 
    Det Norske Veritas, Environmental Risk Assessment of Exploration Drilling in Nordland VI, Report No. 20/04/2010, www.olf.no/PageFiles/6525/Environmental%20risk%20assessment%20of%20exploration%20drilling%20in%20Nordland%20VI.pdf

     
  • 200. 
    Although the baseline scenario has been calculated on this basis, it is likely that actual figures are higher because of the higher accident indicator rates associated with prescriptive offshore safety regimes.

     
  • 201. 
    Number of staff include all management, professional (senior inspectors, inspectors and other technical staff), legal and administrative staff combined. Installations include all fixed, mobile and subsea production and drilling units. Source: European Commission questionnaire data collected from Denmark (Danish Energy Agency, but not including the relevant staff of the Ministry of the Environment), Italy (National Office for Mining, Hydrocarbons and Geothermal Resources), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 202. 
    Source: European Commission questionnaire data collected from Denmark (Danish Energy Agency, but not including the relevant staff of the Ministry of the Environment), Italy (National Office for Mining, Hydrocarbons and Geothermal Resources), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 203. 
    Installations include all fixed, mobile and subsea production and drilling units. Source: European Commission questionnaire data collected from Denmark (Energi Styrelsen, but not including the relevant staff of Miljøministeriet), Spain (Minesterio de Industria, Turismo y Comercio), the Netherlands (Staatstoezicht op de Mijnen) and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 204. 
    Corrected for differences in national hourly wage rates according to Eurostat hourly labour costs, 2004, -->
     
  • 205. 
    Source: European Commission questionnaire data.

     
  • 206. 
    Source: European Commission questionnaire data.

     
  • 207. 
    Source: European Commission questionnaire data.

     
  • 208. 
    COM(2010) 600 final, 26.10.2010

     
  • 209. 
    Impact assessment study into possible options for amending the Seveso II Directive, Final Report, September 2010, COWI, ec.europa.eu/environment/seveso/pdf/Seveso%20IA_Final%20report.pdf

     
  • 210. 
    After levelling-up to North Sea standards, the running safety compliance costs to industry are estimated at
     
  • 211. 
    Source:
     
  • 212. 
    Source: European Commission questionnaire data collected from Italy (Ufficio Nazionale Minerario per gli Idrocarburi e le Georisorse), the Netherlands (Staatstoezicht op de Mijnen), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 213. 
    Source: European Commission questionnaire data collected from Spain (Ministry of Industry, Tourism and Trade), the Netherlands (State Supervision of Mines), Norway (Petroleum Safety Authority and Climate and Pollution Agency), and the UK (Health and Safety Executive, Department of Energy and Climate Change).

     
  • 214. 
    Article 194

     
  • 215. 
    Article 153(1) and (2)

     
  • 216. 
    Article 191(2), first indent

     
  • 217. 
    See COM(2008) 791 final of 25.11.2008 and COM(2010) 771 of 17.12.2010

     
  • 218. 
    COM(2010) 461 final of 8.9.2010

     
  • 219. 
    ECJ case C-188/07 (Commune de Mesquer v Total France SA and Total International Ltd.) provides important jurisprudence. The ECJ in the abovementioned case concerning maritime transport (Erika tanker accident) came to the conclusion that oil accidentally spilled at sea following a shipwreck, mixed with water and sediment and drifting along or being washed at the coast of a Member States constitutes waste within the meaning of the Waste Framework Directive.

     
  • 220. 
    As defined in the
     
  • 221. 
    Refer to S. 3.3.2 (6) for clarification of the term Competent Authority, which is related to law and not to skill

     
  • 222. 
    NSOAF stands for the North Sea Offshore Authorities Forum, a voluntary grouping of offshore regulatory authorities from the North Sea area used by them for exchange of
     
  • 223. 
    Explanatory reference

     
  • 224. 
    International groups like OGP, and national ones like OLF (Norway) and Oil and Gas UK work intensively with national agencies on hardware and operational solutions to respond to deepwater drilling incidents.

     
  • 225. 
    Such as those developed for the Baltic Sea under the Helsinki Convention (www.helcom.fi/).

     
  • 226. 
    Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage

     
  • 227. 
    Directive 2000/60/EC

     
  • 228. 
    Lifecyle stages: Design options, construction and commissioning; operations and maintenance; modification and decommissioning

     
  • 229. 
    This would include aspects like good practices for major hazards control; revised technical standards in, for example, well control and process safety, well capping and emergency response; and establishment of cooperative associations for sharing assets for tackling major pollution events.

     
  • 230. 
    Lifecyle stages: Design options, construction and commissioning; operations and maintenance; modification and decommissioning

     
  • 231. 
    Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste

     
  • 232. 
    These include: guidance on good practices for major hazards control; revised technical standards in, for example, well control and process safety, well capping and emergency response; and establishment of cooperative associations for sharing assets for tackling major pollution events.

     
  • 233. 
    International Association of Oil and Gas Producers, www.ogp.org.uk/

     
  • 234. 
    Global Industry Response Group recommendations
     
  • 235. 
    As defined in the
     
  • 236. 
    As per
     
  • 237. 
    International Petroleum Industry Environmental Conservation Association: the global oil and gas industry association for environmental and social issues
     
  • 238. 
    OSPRAG Second Interim Report
     
  • 239. 
    BOP: Blow-Out Preventer: safety device to close-in or seal off a (flowing) well.

     
  • 240. 
    Offshore Pollution Liability Association Ltd. A voluntary, industry mutual agreement to settle claims as a result of an oil spill. Current limit for claims is set at
     
  • 241. 
    Operators Co-operative Emergency Service, provides a framework around which an operator may acquire equipment from another operator in an emergency, even across international boundaries.

     
  • 242. 
    DG
     
  • 243. 
    OGP 2010 report Appendix D. -->
     
  • 244. 
    Sanco report says 'Please note that despite the harmonisation efforts undertaken by the respective data centres and data providers in the member states, the injury statistics may not always be completely comparable and the differentiation in sections of injury surveillance is not always clear-cut. There are many reasons for this ranging from differences in the organisation of the national health care systems to cultural differences in the reporting of injury causes'.

     
  • 245. 
    IRF data sheet 2009: -->
     
  • 246. 
    For entry to the data bank: www.hse.gov.uk/statistics/index

     
  • 247. 
    Latest (to 2010) is at: www.hse.gov.uk/offshore/statistics/hsr0910.pdf ; see also a quick synopsis (to 2011) at: www.hse.gov.uk/offshore/statistics/stat1011

     
  • 248. 
    Ministero dello Sviluppo Economico/ Dipartimento per l'Energia / Direzione Generale per le Risorse Minerale ed Energetiche 2009: unmig.sviluppoeconomico.gov.it/unmig/stat

     
  • 249. 
    www.ogp.org.uk/pubs/455.pdf

     
  • 250. 
    OGP 2009 environmental report: www.ogp.org.uk/pubs/442.pdf

     
  • 251. 
    DECC portal for OSPAR agreed environmental management statements is at: https:// -->
     
  • 252. 
    Danish Energy Agency annual report 2010 pp 35-42: www.ens.dk/Documents/Netboghandel%20-%20publikationer/2011/Denmarks_oil_and_gas_production_2010.pdf ; see also DECC policy and guidance at: https://www.og.decc.gov.uk/

     
  • 253. 
    Developing process safety key performance indicators www.hse.gov.uk/pubns/priced/hsg254.pdf ; Norway: Trends in risk level in the petroleum activity
     
  • 254. 
    The UK trade body, Oil
     
  • 255. 
    English summary of PSA's evaluation of DwH disaster: -->
     
  • 256. 
    As per
     
  • 257. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 258. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.