Conventions About Oil & Gas & the Greek Law

THE INTERNATIONAL THE INTERNATIONAL CONVENTIONS ABOUT OIL & CONVENTIONS ABOUT OIL &

GAS & THE GREEK LAW GAS & THE GREEK LAW

Demiris GeorgeAurélie MaurinContract LawProf. K. Kalampouka

The term "convention" is used in international law to refer to certain formal statements of principle. Conventions are adopted by international bodies such as the United Nations. Convention applied only to countries that ratify them, and do not automatically apply to member states of such bodies. These conventions are generally seen as having the force of international treaties for the ratifying countries.

What is a convention?

DefinitionsDefinitions

The term "convention" is used in international law to refer to certain formal statements of principle. Conventions are adopted by international bodies such as the United Nations. Convention applied only to countries that ratify them, and do not automatically apply to member states of such bodies. These conventions are generally seen as having the force of international treaties for the ratifying countries.

What is a convention?

DefinitionsDefinitions

What is a protocol?

A convention itself set no binding limits for individual countries and contains no enforcement mechanisms. In that sense, a convention is considered legally non-binding. Instead, provides a framework for negotiating specific international treaties ,called "protocols“, that may set binding limits regarding to a specific convention.

United Nations Framework Convention on Climate Change (UNFCCC)United Nations Framework Convention on Climate Change (UNFCCC)

The UNFCCC was the first international effort to address the problem of climate change caused by the emission of greenhouse gases through human activities.

Negotiated at the United Nations Conference on Environment and Development (UNCED), informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992.

The objective of the treaty is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system“

The treaty itself set no binding limits on greenhouse gas emissions for individual countries .

Kyoto protocolKyoto protocol

• In 1997, the Kyoto Protocol was concluded and established legally binding obligations for developed countries to reduce their greenhouse gas emissions. The 2010 Cancun agreements state that future global warming should be limited to below 2.0 °C (3.6 °F) relative to the pre-industrial level

• The provisions of the Kyoto Protocol are legally binding on the ratifying nations.

• Countries that ratify the Kyoto Protocol agree to reduce emissions of six greenhouse gases that contribute to global warming: carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, HFCs and PFCs.

Kyoto protocolKyoto protocol

• The countries are allowed to use emissions trading to meet their obligations if they maintain or increase their greenhouse gas emissions. Emissions trading allows nations that can easily meet their targets to sell credits to those that cannot.

• 178 Nations had accepted it.

Convention on Biological DiversityConvention on Biological Diversity

The Convention has three main goals:

1. conservation of biological diversity (or biodiversity)2. sustainable use of its components 3. fair and equitable sharing of benefits arising from genetic resources

The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993.

Convention on Biological DiversityConvention on Biological Diversity

• The most important of the international conventions governing biological diversity is the Convention on Biological Diversity (CBD). •Decisions reached in the CBD not only flow into national legislation, but they also influence the expectations of investors, non-governmental organizations (NGOs) and other stakeholders when working with the business sector.

• A number of routes are available to facilitate engagement between the CBD and business.

OPRC ConventionOPRC ConventionInternational Convention on Oil Pollution Preparedness, Response and Co-operation

Parties to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.

Generally the convention applies to: vessels of any type operating in the marine environment fixed or floating offshore installations structures engaged in gas and oil exploration exploitation or production activities sea parts or handling facilities

Protocols came from this convention, like HNS protocol that refers to Carriage of Hazardous and Noxious Substances by Sea.

The Law of the SeaThe Law of the Sea

In short, the Convention is an unprecedented attempt by the international community to regulate all aspects of the resources of the sea and uses of the ocean, and thus bring a stable order to mankind's very source of life.

Navigational rights, territorial sea limits, economic jurisdiction, legal status of resources on the seabed beyond the limits of national jurisdiction, passage of ships through narrow straits, conservation and management of living marine resources, protection of the marine environment, a marine research regime.

The Law of the SeaThe Law of the Sea The exclusive economic zone (EEZ) is one of the most revolutionary features of the Convention, and one

which already has had a profound impact on the management and conservation of the resources of the oceans.

The Convention resolves conflicting claims, interpretations and measuring techniques by setting the 200-mile EEZ limit as the boundary of the continental shelf for seabed and subsoil exploitation, satisfying the geologically disadvantaged.

Greece and Kyoto Protocol:

• Taking into consideration that Greece is linked with Kyoto Protocol by Ratification of the Law 3017/2002.

• That Greece wants to reduce greenhouse gases emissions of 20% by 2020 in comparison with 1990 levels

• A 80-95% decrease of greenhouse gases emission is a goal to reach until 2050.

• The Greece implemented Directive 2003/87/EC concerning greenhouse gases associated with industries’ activities in the energy sectors and others. So, in that case, the industry should get a permit to be able to operate/to do its job from the competent authorities.

Greek Legislation according to International ConventionsGreek Legislation according to International Conventions

OPRC Convention by Law 2252/18.11.1994.

The competent authority is the Ministry of Mercantile Marine divided in two departments :

1. the Marine Environment Protection Division 2. the Branch for Merchant Ships' Surveys both of whose personnel consists mainly of Coast Guard officers.


Greece and OPRC convention:

The CBD convention was ratified on 1994/08/04

• Its protocol had ratification on 2004/08/19.• Greece has an important concern to preserve its Fauna and Flora.

Besides specific laws, ministerial decisions and presidential decrees, the national Law 1650/1986 “for the protection of the environment”, serves as a general framework concerning most biodiversity related subjects. This law sets the major directions for the conservation of biodiversity components.


Greece and CBD:

Greece is a party to a variety of other international treaties which address marine oil pollution:

the 1972 London Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter

the 1976 Barcelona Convention and its Prevention and Emergency Protocol

the 2001 Convention on Civil Liability for Bunker Oil Pollution Damage


“The legislative framework in Greece is complex, since there are several competent authorities with sectorial jurisdictions.”

Thank you for your attention!Thank you for your attention!

Documents

Conventions About Oil & Gas & the Greek Law