Safety of offshore oil and gas operations

SUMMARY OF:

Directive 2013/30/EU on safety of offshore oil and gas operations

WHAT IS THE AIM OF THE DIRECTIVE?

It requires operators of offshore oil and gas operations in the European Union (EU) to:
- take all necessary measures to prevent any major accidents;
- have available sufficient physical, human and financial resources to limit the consequences when such accidents do occur.
It applies to all existing and future installations.
It helps to ensure the protection of the marine environment, in particular to achieve or maintain good environmental status, an objective set out in the marine strategy framework directive – Directive 2008/56/EC (see summary), which establishes a framework for action in the field of marine environmental policy.

KEY POINTS

Licensing and regulation

To carry out offshore oil and gas activities, operators must receive a licence from an independent authority. To prevent any conflict of interest, EU Member States must ensure a clear separation between the regulation of offshore safety and environmental factors and other functions that relate to economic development, licensing and revenue management.
Before beginning any activities, the operator or owner of an installation must provide the relevant authority with:
- a copy of the corporate major accident prevention policy;
- details about the company’s safety and environmental management system; and
- a report on major hazards.

Emergency response plans

Operators must also prepare internal emergency response plans to respond to any major hazard. This must include an analysis of how to handle oil spills.
National authorities must develop emergency response plans covering all offshore oil and gas installations and infrastructure, including potentially affected areas within their jurisdiction.

Public information

The directive stipulates that an exploration well cannot be drilled before the public has had an opportunity to be fully informed and to make its views known on the possible effects of any planned offshore operations.
Given the potential cross-border impact of an accident, national authorities must regularly exchange knowledge, information and experience with their counterparts elsewhere in the EU and consult the industry, other stakeholders and the European Commission.

Role of the European Maritime Safety Agency

The European Maritime Safety Agency, set up under Regulation (EC) No 1406/2002 (see summary) can help Member States to draw up their emergency response plans and to detect and monitor oil and gas spills.

Amending the definition of water damage

Directive 2013/30/EU amends the definition of water damage in Directive 2004/35/EC on environmental liability (see summary), bringing it into line with definitions in Directive 2000/60/EC (the EU’s water framework directive – see summary) and Directive 2008/56/EC (see above). This means water damage is then defined as a damage that significantly affects the environmental (ecological, chemical or quantitative) status of water and marine water resources.

Amending Regulation (EU) 2018/1999

Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action has replaced Article 25(1) of Directive 2013/30/EU requiring Member States to report annually to the Commission the following information as a minimum, as part of the annual reporting under Regulation (EU) 2018/1999:

the number, age and location of installations;
the number and type of inspections and investigations carried out, and any enforcement actions or convictions;
incident data required by the common reporting system;
any major change in the offshore regulatory framework;
the performance of offshore oil and gas operations in relation to the prevention of major accidents and the limiting of consequences of major accidents that do occur.

FROM WHEN DOES THE DIRECTIVE APPLY?

Directive 2013/30/EU had to become law in the Member States by 19 July 2015.

BACKGROUND

For further information, see:

Safety of offshore oil and gas operations directive (European Commission).

MAIN DOCUMENT

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 (OJ L 178, 28.6.2013, pp. 66–106).

Successive amendments to Directive 2013/30/EU have been incorporated in the original text. This consolidated version is of documentary value only.