Eu Offshore Safety Directive

7/23/2019 Eu Offshore Safety Directive

1/16

EU Offshore Safety DirectiveImplementation and Implications

for Environmental Regulation

Derek Saward

Head, Environmental anagement !eam

DE"" Energy Development Unit #e$ruary %&'(


2/16

EU "onclusions )fter acondo

Industry highly capa$le $ut* Strong safety culture insufficiently em$edded throughout the

industry

+ack of transparency and sharing of information

Some EU regulators -orth Sea. $est/in/class $ut*

#ragmentation of regulatory systems "ooperation is inconsistent

Safety and related environment issues are not coordinated

-eed consistent $est practice for safety and environment via formalrisk assessment and goal setting system involving*

Industry Regulators

"oordination and cooperation amongst regulators, and with non/EU countries

Source* EU Directorate General for Energy

2EU Offshore Safety Directive

Implementation and Implications for Environmental Regulation


3/16

Directive O$0ectives




4/16

Implementation easures




5/16

em$er State Re1uirements



"ompetent )uthority "). to $e formed, integrating relevant safety andenvironmental issues

") to $e provided with ade1uate e2pert resources

") to assess and accept relevant su$missions from licensees,

operators and owners

") to $e provided with powers of enforcement to oversee complianceand prevent and investigate ma0or accidents and ma0or environmental

incidents

")s must cooperate in relation to notifying activities, ma0or accidents

and ma0or environmental incidents and emergency response

")s must cooperate through EUO)3 to raise standards and encourage$est practice

")s must report ma0or accidents and incidents and overall annual

performance to the "ommission


6/16

!he U4 Implementation 5lan

DE"" and HSE, with support from Defra, the Devolved )uthorities, Df!, ")

etc6, are working together to deliver the U4 implementation plan

Regular meetings with HSE to consider how to meet the "ompetent )uthority

re1uirements

Regular meetings with HSE, Defra, Df! and ") to identify lead authorities

for specific articles and to discuss legislative changes

DE"" +ED +icensing will $e responsi$le for the licensing and operatorship

changes, and DE"" O3ED will $e responsi$le for the environmental changes

3ap analysis to assess impact on the DE"" licensing and environmental

regimes completed, and proposals to fill the gaps are currently $eing drafted

HSE will $e responsi$le for implementing the safety re1uirements

Defra and the Devolved )uthorities will $e responsi$le for amending

legislation to implement the changes to the Environmental +ia$ility Directive

Df! and ") will $e responsi$le for implementing re1uirements relating to

the E2ternal Emergency Response 5lan




7/16

ain DE"" "hanges 7 +icensing

Directive re1uires functional separation of DE"" +ED +icensing and the

"ompetent )uthority 7 and therefore separation from DE"" O3ED

DE"" +ED, including +icensing, is likely to $e transferred to a new arms/

length $ody 8 agency to implement the recommendations of 9ood Review

DE"" +ED +icensing will have to amend licensing and operatorship

processes to meet Directive re1uirements

+icence and operatorship applications will have to include safety information,

in addition to current re1uirements relating to technical, financial, and

environmental capacity and environmental lia$ility

!he "ompetent )uthority will $e a formal consultee in the licence and

operatorship application processes

Operators must $e competent to undertake the proposed operations or the

"ompetent )uthority will $e a$le to re1uest that they are replaced

DE"" +ED +icensing amendments could involve changes to legislation,

model clauses or regulatory guidance




8/16

ain DE"" "hanges /

Environment



Design and a0or Ha:ards Reports will include environmental components,

similar to some of the information included in EI)s

Safety and Environmental anagement Systems and Safety and

Environmentally "ritical Elements will $e su$0ect to environmental review

Independently verified well notifications and weekly well operations reports

will $e su$0ect to environmental review

Oil 5ollution Emergency 5lan re1uirements e2tended and merged with otheraspects of emergency response Internal Emergency Response 5lan.

Environmental o$ligations on licensees, operators and owners, and all could

$e lia$le for environmental damage

Improving environmental standards and formulating $est practice to $e

included in work of EU regulators group EUO)3.

!ransparency and sharing of information via EU/wide reporting system

covering environmental incidents and near/misses

Environmental issues to $e included in formal "ompetent )uthority 8

Industry 8 !rade Union tripartite consultation


9/16

Regulatory "hanges 7 "urrent

!houghts



ost of the changes will affect the HSE legislative regime, and offshore safety

legislation will $e replaced or updated to incorporate Directive re1uirements

Defra and the Devolved )uthorities will $e amending the Environmental Damage

Regulations to incorporate the changes detailed in )rticle ;t

$e included in the new regulations as it would $e =gold plating>.

-ew regulations will amend the O5R" Regulations to e2tend the O5E5

re1uirements to the owners of non/production installations

#or drilling operations involving a oDU, the owner of the oDU would

prepare an O5E5 for the non/production installation essentially the same as

the current SO5E5., and the operator would prepare an addendum to that

plan to cover the drilling operation

-ew regulations will amend the O5R" Regulations to re1uire an approved

O5E5 to $e in place prior to commencing the proposed activities

-ew regulations will introduce a charging scheme for the O5R" Regulations

this may follow later if it could delay new regulations.

!he e2isting O5E5 guidance will $e updated to reflect the changes relating

to transposition of the Directive


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Environmental Regulatory "hanges

14EU Offshore Safety DirectiveImplementation and Implications for Environmental Regulation

!here will $e a new re1uirement to descri$e the IER5 $ased on summaries

of the O5E5 and the 5#EER. in the a0or Ha:ards Report

-ew regulations may re1uire the use of suita$le technical measures in order

to promote the relia$ility of the collection and recording of relevant data and

to prevent its manipulation

-ew regulations will fill any gaps in the environmental notification and

reporting re1uirements no gaps are currently anticipated, $ut we have still

to receive EUO)3 conclusions relating to data collection and sharing.

If necessary, new regulations will specify information sharing re1uirements

for DE"" 8 HSE

) "ompetent )uthority 5ortal is considered to $e the $est way to manage

the su$mission, sharing, review and acceptance 8 approval of the Directive

su$missions and any related su$missions e6g6 the O5E5.

)mendments to the Environmental Damage Regulations will e2tend the

Environmental +ia$ility Directive provisions to all activities, not 0ust oil and

gas, anywhere on the U4"S, and licensees, operators and owners could all

$e lia$le for environmental damage


15/16

!imeta$le

15EU Offshore Safety DirectiveImplementation and Implications for Environmental Regulation

Directive came into force on '< @uly %&';

Interim we$site launched A @anuary %&'(

http*88www6hse6gov6uk8offshore8directive6htm

9orkshops and Industry #ocus 3roups in arch and )pril %&'(

#ormal consultation on implementation proposals scheduled for @une 7

Septem$er %&'( -ew guidance to $e pu$lished in B'8B% %&'?

-ew legislation must come into force to meet implementation deadline of

'C @uly %&'?

-ew production installations and all non/production installations and well

operations must comply $y 'C @uly %&'A

!ransitional arrangements for e2isting production installations will

commence in %&'? and all must comply $y 'C @uly %&'

Documents

Eu Offshore Safety Directive